주식반환 등 청구소송
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The Plaintiff A’s CATV relay broadcasting business operator, Plaintiff B’s CATV relay broadcasting business operator, Defendant C’s CATV relay broadcasting business operator, Defendant D’s CATV broadcasting business operator, Defendant D’s stock company (hereinafter “Defendant Company”) in the region of G from 2002 are currently multiple CATV broadcasting business operators, Plaintiff I, J, and K’s parent company, and the above companies are merged with each other.
(b)On July 2002, the Korean Broadcasting Commission approved G CATV relay broadcasting business operators as CATV relay broadcasting business operators and announced the second approval plan for conversion of CATV relay broadcasting business to those of the said regional CATV relay broadcasting business operators under the objective of creating the foundation for integration of cable broadcasting markets.
C. Around that time, small and medium-sized CATV relay broadcasting business operators, including the plaintiffs, form Lconsium and N Consium (O) to obtain the above approval. Each of the above Consium was competing, and Defendant Company led Lconsium.
The Plaintiffs, as a member of the NAA, drafted an agreement between shareholders and their respective notes, including penalty provisions, for the prevention of shareholders' evasion and strengthening of their unity. However, on July 2, 2002, Plaintiff A transferred a CATV relay broadcasting business license to Defendant Company I and received KRW 1.4 billion of the transfer price by December 31, 2002, and Plaintiff B transferred a CATV relay broadcasting business license to Plaintiff I on August 28, 2002, and received KRW 1.4 billion of the transfer price by January 10, 2003.
E. Lconium obtained authorization for a CATV broadcasting business on November 2002, and established the P Co., Ltd. (hereinafter “P”) on March 20, 2003. The Plaintiffs were listed as shareholders of 27,000 shares of the above company and 22,50 shares.
F. N consortium Co., Ltd., Ltd. (hereinafter “ Q”) which was the main axis of N consortium, was Suwon District Court on January 30, 2003 against the Plaintiffs.